The Enforcement of Intellectual Property Rights

Transcript:The Enforcement of Intellectual Property Rights:
The Enforcement of Intellectual Property Rights The international Standards & the European Union Legal Framework WIPO seminar for judges and enforcement institutions Sofia, 22 & 23 November 2012 Marius Schneider Attorney-at-law Eeman & Partners OUTLINE Introduction International background and Legal Framework European Legal Framework Conclusion OUTLINE Introduction International background and Legal Framework European Legal Framework Conclusion Exclusive right for a limited period and a limited territory Introduction: Principle – Freedom of competition Exception: Intellectual property rights to : Protect innovation Cultural and social progress Lead to fair competition and protection of consumers in limited period and territory Exclusive rights Public Domain Introduction: Diversity of IPRs Industrial property rights Patents Industrial designs and models Trademarks Utility Models Plant breeder’s rights Geographical indications Artistic’ property rights Copyright ‘IPR-related matters Trade secrets Unfair competition Designs Trademarks Trade secrets Copyrights Patents Free competition Others OUTLINE Introduction International background and Legal Framework European Legal Framework Conclusion 2. International background and Legal Framework 2.1 The Paris Convention (1883): 174 members states Scope : Trademark, utility model, design, trade names, geographical indications, unfair competition Creation of a Union for the protection of IP Provide two fundamental right: Citizen or resident of any signatory country will enjoy in all signatories countries the rights of each signatory countries grants to its own citizen and residents.(Right to national treatment => art. 2,3 PC) Right to priority: Citizen or resident of any signatory country, within 12 months ( 6 months for trademarks) after filling patent in the home country, can file an application in any signatory country to receive the benefit of the original filing date.(Right of priority => art. 4 PC) 2. International background and Legal Framework 2.2 The Berne Convention (1886): The first international agreement in copyright The agreement requires members states to offer the same level of protection to authors from other members countries that it provides to it nationals. Minimum standards: All work are at least protected 50 years after the author death. Exception : Photography 25 years from the year the photograph was created. Cinematography => 50years from the first showing. Countries can provide longer term of protection. 2. International background and Legal Framework 2.2 The TRIPs Agreement 2.2.1 Definition The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property (IP) regulation as